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General Terms and Conditions (SaaS)

Contract terms for the use of the Kybernos platform by schools, school authorities and other institutional customers.

Last updated: August 27, 2026

Institutional customers only

Kybernos is offered exclusively to schools, school authorities and other institutional customers. Contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) are not intended. There is no online checkout and no distance-selling right of withdrawal, because no consumer contract is concluded.

1. Provider and scope

The provider of the Kybernos platform is: Linus Freund, trading under the business name “Seforth”, Mannheimer Straße 5, 67117 Limburgerhof, Deutschland.

These terms apply to all contracts for the provision and use of Kybernos as software-as-a-service (SaaS), unless otherwise agreed in writing. Deviating terms of the customer apply only if the provider expressly consents in writing.

Processing of personal data on behalf of the school or school authority additionally requires a data processing agreement under Art. 28 GDPR (DPA). Without a valid DPA, Kybernos may not process school personal data.

2. Subject matter

The subject matter is the paid provision of the web-based Kybernos platform for organising school course-selection and assignment processes (in particular electives and basic/advanced course elections), including hosting, operation, updates and the agreed support.

The specific scope (plan, student quota, selection processes, support level) follows from the respective offer or order confirmation. Feature descriptions on the website are non-binding unless expressly made part of the contract.

3. Formation, term, termination

The contract is formed when the customer accepts a written or electronic offer of the provider, or when the provider confirms a customer order. The website only allows a non-binding demo or quote request, not an immediate online purchase.

Unless otherwise agreed, the contract runs for an indefinite term and may be terminated with 30 days’ notice to the end of a calendar month. The right to terminate for cause remains unaffected.

Termination requires text form (e.g. email).

4. Prices and payment

The prices stated in the offer apply, typically billed monthly per school. Unless expressly stated otherwise, prices are net plus statutory VAT.

Invoices are due within 14 days without deduction unless otherwise agreed. In case of default the provider may claim statutory default interest and, after a reminder, temporarily suspend access.

The Basic plan, where offered, includes a fixed student quota (currently up to 175 student accounts). Exceedances and Enterprise services are agreed individually.

5. Operations, availability, changes

The provider makes Kybernos available with reasonable availability. A specific availability quota (SLA) is owed only if expressly agreed (typically Enterprise). Planned maintenance windows are announced in advance where possible.

The provider may further develop the software provided the agreed character of the service is preserved. Material reductions in service will be notified with reasonable notice.

6. Customer duties (school operations)

  • The school or school authority determines the purposes and means of school processing and is responsible for its lawfulness under data-protection and school law of the relevant German state.
  • Accounts, roles and passwords must be managed carefully. Student accounts should be created in a data-minimising way (preferably pseudonymous, without a mandatory student email).
  • Use is permitted only for the agreed school purpose. Abuse, circumvention of access controls or posting of unlawful content is prohibited.
  • Personal student data may be included in support tickets only to the extent necessary. External file URLs (e.g. third-party cloud storage) remain the customer’s responsibility.

7. Data protection, purpose limitation, subprocessors

The provider processes school personal data solely as a processor under Art. 28 GDPR and the customer’s instructions. Use for the provider’s own purposes is excluded, in particular advertising, product profiling, training of AI models, sale of statistics or cross-school performance analysis.

Current subprocessors and storage locations are set out in the privacy policy and the DPA. Changes will be notified with reasonable notice; the customer may object on compelling data-protection grounds. Privacy policy.

Technical and organisational measures (TOMs) and the deletion concept are annexes to the DPA.

8. Support

Support is provided via the ticket system and the agreed contact channels. Internal support roles (SUPORTER, SUPER_ADMIN) belong to the provider, not to other schools. Access by these roles to tickets is logged. School users see only tickets they created.

9. Liability

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and for an assumed guarantee.

In the event of slightly negligent breach of material contractual duties (cardinal duties), liability is limited to the typically foreseeable damage. Otherwise liability for slight negligence is excluded.

For loss of data, in cases of slight negligence the provider is liable only to the extent the damage would have been unavoidable with proper backups (including the backups retained by the provider). No no-fault guarantee of data security or uninterrupted availability is given.

10. End of contract: export, deletion, confirmation

After effective termination, unless the DPA provides otherwise:

  • Export: within 30 days after the contract ends the customer may request an export of school data in a common machine-readable format (typically JSON and/or CSV).
  • Deletion: school data in the production database is then deleted, unless a statutory retention duty prevents this.
  • Backup deletion: backup files are subject to the regular retention of 30 days and then expire; selective immediate deletion of a single school from existing backup sets is generally not technically possible.
  • Confirmation: on request the provider confirms deletion in text form.

11. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, to the extent permitted by law, the provider’s registered office.

If individual provisions are invalid, the remainder of the contract remains effective. There are no oral collateral agreements; amendments require text form unless a stricter form is required by law.

Contact: hello@kybernos.de